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2025 DAILYLAW 22472 (ALL)

RAJESH KUMAR YADAV v. SHRI RAVINDRA KUMAR MANDAR

CAPL/888/2025 · 2025-02-27

Salil Kumar Rai

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:28152 Court No. - 1 Case :- CONTEMPT APPLICATION (CIVIL) No. - 888 of 2025 Applicant :- Rajesh Kumar Yadav Opposite Party :- Shri Ravindra Kumar Mandar Counsel for Applicant :- Rahul Kumar Hon'ble Salil Kumar Rai,J. Heard the counsel for the applicant. The present contempt application has been filed pleading willful disobedience of the order dated 20.11.2023 passed by this Court in Public Interest Litigation (PIL) No. 2466 of 2023. It transpires from the pleadings and documents on record that a plot which was under the management of the Gaon Sabha by a notification issued under Section 117 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as, 'Act, 1950') was subsequently withdrawn from the management of the Gaon Sabha and was allotted to the Department of Education, Government of Uttar Pradesh through a notification issued under Section 117(6) of the Act, 1950. Consequently, the then District Magistrate, District Allahabad passed an order dated 21.9.2006 directing that the Gaon Sabha be deleted from the revenue records relating to the plot and the Department of Education, Government of Uttar Pradesh be recorded in the revenue documents. It transpires that on some advise, the Gaon Sabha filed a recall / restoration application for recall of the order dated 21.9.2006. The recall / restoration application was not decided, therefore, the petitioner / applicant filed Public Interest Litigation (PIL) No. 2466 of 2023 wherein this Court had directed that the recall / restoration application filed by the Gaon Sabha be decided, expeditiously. It is not for the Contempt Court to make any observation on the maintainability either of the recall / restoration application filed by the Gaon Sabha or the maintainability of Public Interest Litigation Petition by an individual and not by the Gaon Sabha. Gaon Sabha is never the owner of the property which is notified under Section 117 of the Act, 1950. The plots vest in the State under Section 6 and a notification under Section 117 of the Act, 1950 is issued only to enable the Gaon Sabha to manage the property. The Government has the power to issue a subsequent notification under Section 117(6) of the Act, 1950 withdrawing the notification issued under Section 117 authorizing the Gaon Sabha to manage the property. In any case, the maintainability of the Public Interest Litigation Petition on behalf of an individual is highly suspect. However, in the circumstances and facts noted above, contempt proceedings on behalf of an individual to prosecute the claim / alleged rights of the Gaon Sabha are not to be registered. The Court does not consider it to be a case to register proceedings under the Contempt of Courts Act, 1971. The application is not maintainable. The application is dismissed. Order Date :- 28.2.2025 Satyam Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad